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<regulation prefix="Regulation" num=".18" citation="COMAR 14.03.05.18" title_num="14" subtitle_num="03" chapter_num="05" heading="Public Information Act Requests.">
  <paragraph num="A.">
    <text>General.</text>
    <paragraph num="(1)">
      <text>This regulation sets out the procedures for filing requests with the Maryland Commission on Human Relations for the inspection and copying of records under the Public Information Act, State Government Article, §§10-611—10-630, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>It is the policy of the Commission to facilitate public access to records of the Commission, if that access is allowed by law, by minimizing costs and time delays to persons requesting information.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>It is the policy of the Commission to safeguard and preserve the confidentiality of investigations of complaints made under State Finance and Procurement Article, §§19-101—19-120, Annotated Code of Maryland, by restricting access to records when access is prohibited or restricted by law.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Definitions.</text>
    <paragraph num="(1)">
      <text>“Act” means the Public Information Act, State Government Article, §§10-611—10-628, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>“Applicant” means a person requesting disclosure of public records.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>“Commission” means the Maryland Commission on Human Relations.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Custodian or Official Custodian.</text>
      <paragraph num="(a)">
        <text>“Custodian” or “official custodian” means the person who is responsible for maintenance, care, and keeping of the public records of the Commission.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Unless otherwise provided by law, the Executive Director or designee is the official custodian of the Commission's records.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>“Executive Director” means the Executive Director of the Maryland Commission on Human Relations, or designee.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>“Investigative case file” means any record, regardless of physical form, generated or received by Commission staff during the course of the investigation until the stage of public hearing of a complaint alleging a violation of the Commercial Nondiscrimination Policy pursuant to State Finance and Procurement Article, §§19-101—19-120, Annotated Code of Maryland, including the complaint itself and any documents indicating the identity of a complainant or respondent.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>“Public hearing” means any public hearing or trial before either the Office of Administrative Hearings or any federal or State court of law.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Public Record.</text>
      <paragraph num="(a)">
        <text>“Public record” means all papers, correspondence, forms, books, photographs, photostats, films, microfilms, sound recordings, video recordings, maps, drawings, or other written documents, regardless of physical form or characteristics.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Public record” includes all copies made or received by the Commission in connection with “investigative case files” as defined in §B(6) of this regulation, and as set forth in Regulation .19E of this chapter.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>“Public record” includes salaries of all employees of the Commission.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(9)">
      <text>“Working day” means a day other than Saturday, Sunday, or a State holiday.</text>
    </paragraph>
    <paragraph num="(10)">
      <text>“Written document” means all books, papers, maps, photographs, cards, tapes, recordings, computerized records, and other documentary material, regardless of physical form or characteristics.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Retention of Investigative Case Files.</text>
    <paragraph num="(1)">
      <text>The custodian shall maintain, as a public record of the Commission, all documents made or received by the Commission contained in the investigative case files, for a period of 18 months from the date of final disposition.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Final disposition means the:</text>
      <paragraph num="(a)">
        <text>Commission has found no probable cause, or has otherwise terminated the investigation;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Administrative law judge has rendered their decision; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Time to request judicial review pursuant to Regulation .16 of this chapter has passed.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Records Temporarily Unavailable. If a requested public record is in the custody or under the control of the person to whom written application is made but is not immediately available for inspection or copying, the custodian shall, within 10 working days of receipt of the request, so notify the applicant and set a date and hour within a reasonable time for inspection or copying.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Records Destroyed or Lost. If a requested record has been destroyed or lost, the custodian to whom written application is made shall, within 10 working days of receipt of the request, notify the applicant of this fact and explain in the response the reasons why the record cannot be produced.</text>
  </paragraph>
  <paragraph num="F.">
    <text>Who May Request. Any person may request to inspect or copy a public record of the Commission.</text>
  </paragraph>
</regulation>